By Kayode Adeoti
The Magistrate Court sitting in Ilorin, the Kwara State capital on Monday, granted the member representing Kwara South Senatorial District at the Upper Chamber of the National Assembly, Senator Rafiu Adebayo Ibrahim, bail in the sum of N500.000
He was granted bail along nine other defendants; Soliu Abdulmeez, Adigun Tahffeq, Wasiu Toyeed, Garuba Mustapha, Kubura Wahab, Magaji Bashiru, Fatai Jamiu and Sherif Adisa all from Ojoku town by Magistrate Bio Saliu.
The defendants were charged for criminal conspiracy, inciting disturbance of public peace, mischief and causing grievous hurt contrary to sections 97, 114, 327, and 247 of Penal Code law.
The Police First Information Report (FIR) revealed that the defendants were throwing stones at the All Progressives Congress (APC) Senatorial candidate, Arch Lola Ashiru when his campaign train was coming out of the palace of his Royal Highness, Olojoku of Ojoku, Oba Abdulrasaq Afolabi.
The incident, according to police information later resulted into full blown clash during which several gunshots were fired at the campaign team.
The action however led to the death of one Samuel Abidemi Adeosun.
Investigation carried out into the matter led to the arrest of all the defendants.
The Officer In Charge of Legal Department, Kwara State Police Command, Deputy Superintendent of Police, (DSP), Adeyemi Ajibola prayed the court for an adjournment.
Barr. Tunde Olomu, who represented the first defendant, Senator Ibrahim in the matter, urged the court to admit his clients to bail on a liberal term.
He submitted further that the court should invoke section 36 (5) of the 1999 Constitution.
According to him, his client is still presumed innocent until proven contrary, saying he should still be allowed to enjoy his fundamental human rights.
He noted that the defendants will not attempt to influence intimidate witnesses or interfere in the investigation of the case if granted bail.
Speaking further, Olomu said his clients will not conceal or destroy evidence that will help the case.
Rafiu’s counsel also noted that his client will not jeopardise purpose or functioning of the criminal justice administration including the bail system.
“The defendants will comply strictly and will not violate the provisions of section 169, paragraphs A to E.
Also, Barr. Rasaq Bola Gold, who represented the 2nd to 9th defendants adopted the submission of the first defendant counsel but added that court should invoke section 128 of the constitution and admit the defendants to bail.
He said, “I adopt the submission of the first speaker intoto. In addition, the plea of the defendants have not been taken, they’ve not been charged. Court is only taking cognisance of their offences.
“Court should assume them innocent of the offences considering the fact the court is being guided by the provision of section 35 which stated that their liberty must be protected jealously. So court will not be seen as using bail as a pre-trial punishment.
The court in his ruling admitted the defendants to bail in the sum of N500,000 with two sureties each in like sum in which one of them must own a landed property. Recent passport photographs are also to be submitted to the court.
After considering the arguments of the two parties, the Magistrate adjourned the matter to 28th March, 2019 for further mention.
